Wednesday, March 02, 2011

EKB Capsule News....West Virginia...3-3-'11

An elderly man is dead after he drove a backhoe into a river in Mingo County. Several emergency crews responded to a rescue in Verner, four miles outside Gilbert, about 5:00 P.M. Tuesday afternoon after a man in his 90s was using his backhoe on his property near the riverbank and backed into the Guyandotte River. He was taken to the hospital, where he later died.

Tennessee authorities have ended their search for 85 year old Gladis Russell of Bellefontaine, Ohio after the body of her husband, 84 year old Richard Russell, was found in Chattanooga over the weekend. Chattanooga police say air patrols and foot searches using a cadaver dog failed to turn up anything in the search for Gladis Russell. Samuel K. Littleton II remains jailed in West Virginia while fighting extradition to Ohio.

Matthew Adkins, 32, of Harts, in Lincoln County, was arrested early Tuesday morning after police say he held his wife, 28 year old Heather Adkins, at gunpoint for several hours in the driveway of their home. Adkins is accused of sexually assaulting his wife and stabbing her in the leg before kidnapping a six-year-old from the home. Adkins is charged with felony kidnapping, felony malicious assault, first degree sexual assault and three other misdemeanors.

Twenty-one year old Colin M. Webb of Rand, in Kanawha County, is facing up to 40 years in prison after pleading guilty earlier this week in federal court to possession of crack cocaine with intent to deliver. Webb was arrested in March 2009 after detectives with the Metro Drug Unit found 17 grams of crack cocaine during a search of his home. Webb admitted the crack cocaine belonged to him, and he intended to sell it. His sentencing is scheduled for June 2nd.

Euseph Khaled Shehab, who was originally charged with unlawful wounding and being a convicted felon in possession of a firearm, now faces murder charges. Police say Shehab shot his cousin, 25 year old Jamie Withrow of Hico, in the head Sunday evening. An autopsy determined Withrow died from the gunshot wound.

Former West Virginia State trooper, 28 year old Derek Snavely, told a jury he had consensual sex with Julie Fato of Charleston shortly after a traffic stop near St. Albans in the early morning hours of November 16, 2008. Fato is suing Snavely for monetary damages, contending the officer forced the 2008 encounter. Snavely says Fato was the aggressor. Snavely testified he gave Fato his cell phone number after the traffic stop was completed and said she called him a few minutes later. He told jurors the two drove to another location, and Fato immediately exited her vehicle and got into his before they proceeded to a house at Churchill Circle, where the two had sex. Snavely says he had notified dispatch that he would be taking his breakfast break, and he considered himself off duty at the time, but admitted he made a poor decision. Fato testified Wednesday that she didn't call anyone for help as Snavely followed her to the house where she was staying because she was afraid he would bring other troopers there, and she didn't want to put her friends in jeopardy by calling the police.

Tuesday, the state Supreme Court reversed a December decision by Raleigh Circuit Court regarding the equitable division of a company owned by Powerball winner Jack Whittaker. On Christmas Day 2002, Jack Whittaker, a self-made millionaire, won the $315 million Powerball jackpot and opted for the $170 million lump sum, leaving him with $93 million. Three years later, his wife Jewell, a Beckley resident, filed for divorce. It was finalized in April 2008, ending nearly 42 years of marriage. A few months after the divorce was finalized, Jack filed an appeal with Raleigh Circuit Court regarding a family court order dividing their marital assets, specifically Whittaker LLC. Raleigh Circuit Court reversed the family court's decision in August 2008. The two came to an agreement in November 2008 in family court. In January 2009, Jewell filed a petition requesting a judge find Jack in contempt, claiming he failed to convey certain properties and assets to her as he had agreed. Raleigh Family Court issued an order in March 2009 finding Jack in contempt. He then filed an appeal in circuit court. The court held a hearing in November 2009 and issued a final order in December reversing family court's March contempt order and the November 2008 distribution order.

The House of Delegates voted 77-23 Wednesday to approve a measure requiring a prescription for over-the-counter allergy and cold medicines containing pseudoephedrine, a key ingredient used to make meth. Law enforcement officers, who support the measure, say it would help cut down on meth production and meth use in West Virginia by making it more difficult to get the key meth ingredient. Mandy Hagan with the Consumer Health Products Association says the bill could have a number of negative impacts such as increasing out of the pocket health care costs for the consumer, potentially increasing what the state pays for state employees' benefits and driving economic activity out of the state by causing people to cross the state's borders to get the medication.

Wednesday, the West Virginia House of Delegates voted 78-22 to approve nearly $80 million in pay raises for teachers and other state workers. The proposed bill by House Democrats would increase base pay for teachers by $900 for two years. It would also increase base pay by a total of $1,000 over two years for school service personnel, $970 for state police and $835 for natural resource offices. Raises for other state employees would come to about 2 percent of their salaries.

Supporters of the Bayer CropScience plant in Institute are planning a March 10th motor convoy to show their backing of the company and its workers. A parade is scheduled to leave Nitro at 5:30 P.M., drive past the plant and the Kanawha County Courthouse during a regular meeting of the Kanawha County Commission and proceed to the state Capitol Complex. More than 500 people remain employed at Bayer's Institute facility, but about 200 are expected to be laid off in the next two years as Bayer plans to stop making and storing methyl isocyanate, or MIC, at the plant in 2012. Supporters fear removing MIC from the facility and increased local criticism and scrutiny might prompt Bayer executives to shut the plant down altogether.

Tuesday, voters in Elkins went to the polls to elect a mayor and five city council member seats during their municipal election. Incumbent Mayor Duke Talbott will return for two more years after receiving 487 votes, defeating challenger Gregory Binns, who received 137. For council, 1st Ward Bob Woolwine ran unopposed, while the 2nd Ward went to Van Broughton, who replaces Hazel Buford, who chose not to run. In 3rd Ward, Mark Scott, who got 76 votes, defeated incumbent council member Bob Malcolm, who got 31 votes. Fourth Ward incumbent Marylinn Cuonzo defeated two challengers, and Danny Satterfileld ran unopposed in the 5th Ward. They all take office April 1st.